End user agreement for Cool Button Designer
PLEASE READ THE FOLLOWING LICENSE AGREEMENT. IT WILL BE NECESSARY FOR YOU TO AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BEFORE BEING PERMITTED TO CONTINUE TO USE THE PRODUCT.
VERY IMPORTANT-CAREFULLY READ : This MRZ Media License Agreement (hereinafter "LICENSE") is a legal agreement between you (either an individual or a single entity) and MRZ MEDIA, for the Cool Button Designer and/ or COOL BUTTON DESIGNER or cool button designer-application(hereinafter " SOFTWARE ").
By installing, copying or otherwise using the SOFTWARE, you agree to be bound by the terms of this LICENSE. If you do not agree to the terms of this LICENSE, you cannot use this SOFTWARE for any purposes.
The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE is licensed, not sold.
I. LICENSE GRANT. This LICENSE grants you the following rights:
A. You may use one copy of this SOFTWARE identified above on a single computer. The SOFTWARE is in "use" on a computer when it is loaded into temporary memory (i.e. RAM) or installed into permanent memory (e.g. hard disk, CD-ROM, or other storage device) of that computer. However, installation on a network server for the sole purpose of internal distribution to one or more other computer(s) shall not constitute "use" for which a separate license is required, provided you have a separate license for each computer to which the SOFTWARE is distributed.
B. Solely with respect to electronic documents included with the SOFTWARE, you may make a copy (either in hardcopy or electronic form), provided that the number of copies made shall not exceed the number of licenses you own for that SOFTWARE, and further provided that such copies shall be used only for internal purposes and are not republished or distributed to any third party.
C. You may use the trial versions of the SOFTWARE for the limited purposes of demonstrations and trials.
II. TITLE; COPYRIGHT. All title and copyrights in and to the SOFTWARE (including but not limited to any images, photographs, animation, video, audio, music and text incorporated into the SOFTWARE), and any copies of the SOFTWARE are owned by MRZ MEDIA. The SOFTWARE is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE like any other copyrighted material, except that you may either (A) make one copy of the SOFTWARE solely for backup or archival purposes or (B) install the SOFTWARE on a single computer provided you keep the original solely for backup or archival purposes.
III. ADDITIONAL RIGHTS AND LIMITATIONS.
A. Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE.
B. No Separation of Components. The SOFTWARE is licensed as a single product and the software programs comprising the SOFTWARE may not be separated for use by more than one user at a time.
C. Rental. You may not rent or lease the SOFTWARE.
D. Software Transfer. You may NOT transfer any of your rights under this LICENSE.
E. Termination. Without prejudice to any other rights, MRZ MEDIA may terminate this LICENSE if you fail to comply with the terms and conditions of this LICENSE. In such event, you must destroy all copies of the SOFTWARE.
IV. REDISTRIBUTABLE COMPONENTS, FILES AND IMAGES.
A. Redistributable Your Buttons, Your Images Made in SOFTWARE, and your saved file *.cbd. In addition to the license granted in Section 1, MRZ MEDIA grants you a nonexclusive, royalty-free right to reproduce and distribute the buttons and images made in/with those portions of the SOFTWARE designated in the SOFTWARE as (i) those portions of the SOFTWARE which are identified in the documentation as the*.cbd, and supported graphicals extensionsl; (ii) those portions of the SOFTWARE which are identified in the documentation as IMAGES AND *.cbd templates; and (iii) SAMPLE CODE HTML(collectively, "REDISTRIBUTABLES"), provided you comply with Section 4.c.
C. Redistribution Requirements. If you redistribute the HTML Code, you agree to (i) distribute the HTML Code in your web based static or dynamic pages only which adds significant and primary functionality and which is designed, developed, and tested to operate on the Web or Desktop/Workstations systems environments; (ii) not use MRZ MEDIA name, logo or trademarks to market your product or and site,page,software; (iii) include a valid copyright notice on your SOFTWARE; (iv) indemnify, hold harmless, and defend MRZ MEDIA from and against any claims or lawsuits, including attorney's fees, that arise or result from the use and distribution of your software application product; and (v) not permit further distribution of the REDISTRIBUTABLES by your party.
LIMITED WARRANTY. EXCEPT WITH RESPECT TO SOFTWARE AND REDISTRIBUTABLES, WHICH ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, MRZ MEDIA WARRANTS THAT THE SOFTWARE WILL PERFORM SUBSTANTIALLY IN ACCORDANCE WITH THE ACCOMPANYING OFFLINE OR/AND ONLINE HELP MATERIALS.
NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MRZ MEDIA DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SOFTWARE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
NO LIABILITIES FOR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MRZ MEDIA BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF MRZ MEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
LICENSEE ACKNOWLEDGES THAT IT HAS READ AND UNDERSTANDS THIS AGREEMENT AND AGREES TO BE BOUND BY ITS TERMS. LICENSEE FURTHER AGREES THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN LICENSEE AND LICENSOR, AND SUPERCEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS RELATING TO THE SUBJECT MATER OF THIS AGREEMENT.